Danielle Ferron

During the COVID-19 pandemic, the plaintiff hospital network contracted with the corporate defendant to purchase 3 million NIOSH certified N95 masks, paying over $13 million upfront.

The corporate defendant, directed by the individual defendant Caridi, delivered KN95 masks instead, which were not NIOSH certified.

The plaintiff sued for fraudulent misrepresentation, breach of contract, oppression, and unjust enrichment.

The court found that Caridi acted recklessly in representing that the corporation could deliver NIOSH certified N95 masks without knowing if it was true.

While the court declined to pierce the corporate veil or grant an oppression remedy, it held Caridi personally liable in tort for deceit because his conduct exhibited a separate personal interest (a 50/50 profit split).

The corporate defendant was also found liable for breach of contract.

The Plaintiffs, a consortium of telecommunications and media companies, brought a motion to validate service of their Statement of Claim on the Defendant, Tomasz Kaczmarek, who is alleged to be involved in operating illegal pirated IPTV services.

Despite multiple attempts at personal service and registered mail, Kaczmarek appeared to evade service, including transferring property ownership.

The court granted the order validating service as of October 21, 2022, finding that Kaczmarek had notice of the claim and was evading service, and ordered costs payable by Kaczmarek on a substantial indemnity basis.